UNIVERSITY    OF    CALIFORNIA       AGRICULTURAL    EXPERIMENT    STATION 

___      __      »«Bl/»IIITimr  BENJ.     IDE    WHEELER,     PRESIDENT 

COLLEGE    OF    AGRICULTURE  thomas   forsyth    hunt,  dean  and  director 

H.     E.     VAN      NORMAN,     VlCE-Dl  R  ECTOR     AND     DEAN 

University    Farm    School. 


BERKELEY 


CIRCULAR  No.  114 

February,  1914 

INCREASING  THE  DUTY  OF  WATER 

By  B.  A.  ETCHEVEBRY 


The  importance  of  obtaining  the  highest  duty  of  water  is  apparent 
when  it  is  realized  that  the  available  water  supply,  when  fully  devel- 
oped, will  only  serve  a  very  small  part  of  the  total  area  of  land 
adapted  to  irrigation  in  the  arid  and  semi-arid  region,  and  that  waste- 
ful irrigation  has  been  the  main  cause  of  over  10  per  cent  of  the 
irrigated  lands  becoming  unfit  for  crop  production  through  water- 
logging and  the  accumulation  of  alkali  salts  in  the  surface  soil. 

It  is  a  significant  fact  that,  while  the  duty  of  water  is  affected  by 
a  number  of  factors,  the  most  important  is  the  value  of  the  water. 
Where  water  is  most  needed  for  irrigation  it  is  generally  most  valu- 
able, and  if  the  payment  for  this  water  is  based  on  measurements  of 
the  volume  delivered  to  the  irrigator  the  water  will  be  used  with  care 
and  skill,  which  will  make  the  duty  high.  On  the  other  hand,  where 
water  is  plentiful  and  cheap,  and  sold  on  a  flat  charge  per  acre,  inde- 
pendently of  the  volume  used,  or  where  the  irrigator  or  irrigation 
company  is  protected  by  a  water  right  which  entitles  him  to  an  excess 
of  water  to  the  detriment  of  others,  there  is  no  incentive  for  economy 
in  the  use  of  water,  crude  and  wasteful  methods  of  irrigation  prevail, 
and  the  duty  is  low.  This  is  well  illustrated  by  the  high  duty  of 
water  obtained  in  Southern  California  or  elsewhere  where  the  value 
of  water  is  high,  as  compared  with  the  lower  duty  obtained  in  localities 
with  a  more  abundant  and  cheaper  water  supply.  In  the  Riverside 
district,  in  Southern  California,  where  the  average  annual  rainfall  is 
10  inches,  the  gross  duty  on  9,000  acres  of  land  irrigated  by  the  River- 
side Water  Company's  system  averaged  for  a  period  of  seven  years 
a  depth  of  about  2.3  feet.  About  a  third  of  this  tract  was  in  alfalfa 
and  the  remainder  mostly  in  citrus  orchards,  both  of  these  crops  having* 
a  greater  water  requirement  than  deciduous  trees.  In  Pomona,  South- 
ern California,  the  quantity  of  water  applied  by  pumping  on  alfalfa 
fields  averaged  2.3  feet  for  the  season  of  1904 ;  the  mean  annual  rain- 
fall is  about  20  inches,  but  the  rainfall  for  the  preceding  winter  was 
only  9.1  inches;  yields  of  5  to  9  tons  of  cured  hay  per  acre  were  com- 
mon.    From   citrus  orchards  the  dutv   on   about   3.000   acres    in   the 


Pomona  district  averaged  about  0.8  foot.    As  compared  to  these  locali- 
ties in  Southern  California,  the  average  gross  duty  for  the  arid  region, 
as  obtained  by  the  Irrigation  Investigations  of  the  U.  S.  Department 
of  Agriculture,  is  about  4%  acre  feet  per  acre  for  all  crops. 
The  losses  of  water  which  produce  a  low  duty  are : 

1.  The  loss  which  occurs  by  seepage  and  evaporation  in  the  con- 
veyance of  water  in  canals. 

2.  The  loss  by  deep  percolation  into  the  soil. 

3.  The  loss  of  soil  moisture  by  evaporation. 

4.  The  loss  of  water  by  surface  run-off  or  waste  at  the  ends  of 
fields  or  furrows. 

CONVEYANCE  LOSSES 

The  difference  between  the  gross  duty  and  net  duty  represents  the 
extent  of  the  conveyance  losses  or  the  efficiency  of  the  system.  Meas- 
urements made  by  the  Irrigation  Investigations  of  the  U.  S.  Depart- 
ment of  Agriculture  and  by  the  U.  S.  Reclamation  Service,  show  that 
in  a  new  canal  system  of  unlined  earth  canals  the  water  delivered 
to  the  farms  is  probably  no  more  than  40  per  cent  of  the  water  diverted. 
For  old  canals  in  good  condition  the  efficiency  may  be  increased  to 
65  or  70  per  cent. 

The  most  valuable  general  information  as  regards  the  extent  of 
conveyance  losses  are  those  of  the  Irrigation  Investigations  of  the 
U.  S.  Department  of  Agriculture.  From  series  of  measurements  on 
73  ditches  in  the  western  states,1  the  average  loss  per  mile  of  ditch 
was  found  to  be  5.77  per  cent  of  the  entire  flow;  the  measurements 
range  from  a  maximum  loss  of  64  per  cent  to  a  slight  gain,  in  some 
cases  due  to  the  rise  of  the  water  table.  Large  canals  in  general  lose 
less  in  proportion  than  small  ones.  The  measurements  average  about 
1  per  cent  for  canals  carrying  100  cubic  feet  per  second  or  more,  about 
2!/2  per  cent  for  canals  carrying  50  to  100  cubic  feet  per  second,  4% 
per  cent  for  canals  carrying  25  to  50  cubic  feet  per  second,  and  ll1^ 
per  cent  for  canals  carrying  less  than  25  cubic  feet. 

For  some  purposes  it  is  preferable  to  know  the  extent  of  seepage 
expressed  in  cubic  feet  of  water  per  day  per  square  foot  of  wetted 
area  of  the  canal.  This  is  equivalent  to  stating  the  depth  of  water  in 
feet  lost  each  day.  Mr.  F.  W.  Hanna,  engineer  of  the  Boise  project, 
Idaho,  who  has  assembled  seepage  data  pertaining  to  different  sections 
of  the  West,  assumes  seepage  losses  of  0.5,  1.0,  and  1.5  cubic  feet  of 
water  per  day  per  square  foot  of  wetted  area  respectively  for  rather 
impervious,  mediumly  impervious,  and  rather  pervious  soils.  The 
conveyance  losses  are  due  to  evaporation  as  well  as  percolation,  but, 
contrary  to  a  common  belief,  the  losses  by  evaporation  from  flowing 


water  in  a  canal  are  insignificant  when  compared  with  those  of  seep- 
age. The  average  daily  evaporation  for  the  irrigation  season  will 
generally  not  exceed  about  one-quarter  inch  per  day,  which  is  from 
25  to  75  times  less  than  the  rates  of  seepage  losses  previously  given. 
The  greater  proportionate  conveyance  loss  of  water  for  small  canals 
than  for  larger  ones  shows  the  economy  of  water  to  be  gained  by 
adopting  the  practice  of  rotation  for  the  operation  of  the  smaller 
laterals  at  least  and  by  planning  the  systems  so  as  to  shorten  as  much 
as  possible  the  mileage  of  smaller  ditches.  The  conveyance  loss  can 
be  further  decreased  by  the  proper  location  of  canals,  so  as  not  to  pass 
through  very  porous  ground,  and  by  not  using  too  deep  a  cut  where 
such  a  cut  will  reach  a  porous  subsoil. 

EFFECT  OF  DIFFERENT  LININGS  ON  SEEPAGE 
To  prevent  the  seepage  obtained  in  unlined  canals,  linings  of  dif- 
ferent materials  have  been  tried.  Those  used  or  experimented  with 
are  concrete,  wood,  oils,  and  clay  puddle.  From  investigations  made 
by  the  writer  in  1906  for  the  Irrigation  Investigations  and  the  Cali- 
fornia Experiment  Station,  and  from  more  recent  experience  on  the 
efficiency  of  the  different  types  of  linings,  the  following  results  can 
be  anticipated : 

1.  A  good  oil  lining,  constructed  with  heavy  asphalt  road  oil, 
applied  on  the  ditch  sides  and  bed  at  the  rate  of  about  3  gallons  per 
square  yard,  will  stop  50  to  60  per  cent  of  the  seepage. 

2.  A  well  constructed  clay  puddle  lining  is  as  efficient  as  a  good 
oil  lining. 

3.  A  thin  cement  mortar  lining  about  1  inch  thick,  made  of  one 
part  cement  to  four  of  sand,  will  prevent  75  per  cent  of  the  seepage. 

4.  A  first-class  concrete  lining,  3  inches  thick,  made  of  one  part  of 
cement  to  two  of  sand  and  four  of  gravel,  will  stop  95  per  cent  of  the 
seepage. 

5.  A  wooden  lining,  when  new,  is  as  efficient  as  a  concrete  lining, 
but  after  two  or  three  years  repairs  and  maintenance  will  become  an 
important  item,  and  by  the  end  of  eight  or  ten  years  it  will  necessitate 
complete  renewal. 

The  cost  of  an  oil  lining  where  oil  can  be  bought  at  California 
prices  (about  2  cents  a  gallon)  is  about  y2  cent  per  square  foot. 
Cement  mortar  lining  1  inch  thick  costs  about  2  to  4  cents  per  square 
foot.  Cement  concrete  2  inches  thick  costs  from  about  4  to  6  cents, 
and  3  inches  thick  from  about  6  to  8  cents  a  square  foot.  These  prices 
do  not  include  the  trimming  and  preparation  of  the  ditch  before  the 
lining  is  put  on,  which  would  add  from  %  to  1%  cents  per  square  foot. 
The  cost  of  a  clay  lining  depends  greatly  on  the  nearness  of  the  canal 
to  suitable  clay.  If  clay  is  close  at  hand  it  can  be  hauled  and  spread 
on  the  canal,  then  either  tramped  in  by  cattle  or  worked  in  by  drag- 


ging  chains  over  it,  at  a  cost  of  less  than  1  cent  per  square  foot,  but 
there  are  localities  where  enough  money  has  been  spent  on  clay  linings 
to  pay  for  a  good  concrete  lining.  Wooden  lining  has  been  used  in 
very  few  cases,  and  the  cost  of  such  a  lining  built  of  2-inch  lumber 
nailed  on  sills  and  side  yokes  will  often  be  as  much  as  that  of  a  2-inch 
concrete  lining  and  not  nearly  as  durable. 

The  disadvantages  of  the  cheaper  linings  are  the  following:  An 
oil  lining  stops  only  a  part  of  the  seepage  losses,  and  while  it  will 
resist  erosion  well,  it  probably  will  not  prevent  the  growth  of  weeds 
for  more  than  one  season  unless  a  high  velocity  is  used,  'and  it  will 
not  stop  the  activities  of  burrowing  animals.  Oil  linings  have  not 
been  sufficiently  tested  to  determine  their  durability.  Clay  puddle 
will  not  prevent  the  burrowing  of  animals  and  weeds  grow  rapidly, 
especially  since  the  velocity  of  the  water  must  be  small  in  order  to 
prevent  the  eroding  or  washing  of  the  lining. 

ADVANTAGES  OF  CONCRETE  LINING 
A  concrete  lining  has  none  of  the  above  disadvantages,  and  it  meets 
the  requirements  of  a  good  lining  better  than  any  other  material. 
The  only  objection  is  its  higher  first  cost.  But  where  water  is  valuable 
its  expense  is  well  justified.  In  Southern  California  the  use  of  concrete 
lining  dates  from  about  1880,  when  the  increasing  value  of  water  made 
it  necessary  to  do  away  with  losses.  Since  that  time  practically  all 
canals  in  that  section  have  been  lined  with  concrete,  and  in  some  cases 
replaced  with  concrete  pipes.  Until  recently  very l  little  concrete 
lining  had  been  used  outside  of  that  region,  but  during  the  last  few 
years  concrete  lined  canals  have  been  constructed  on  manj^  of  the 
projects  of  the  U.  S.  Reclamation  Service  and  on  numerous  private 
projects.  There  are  now  many  examples  in  California,  Oregon, 
Nevada,  Washington,  Idaho  and  other  States,  and  during  the  past 
three  years  some  good  work  has  been  done  in  British  Columbia. 

The  feasibility  of  using  concrete  linings  will  depend  on  the  extent 
and  value  of  the  water  loss  and  on  the  necessity  for  prevention  of 
waterlogging  of  the  land  below  by  the  seepage  water.  Other  benefits 
which  must  be  considered  are  the  decreased  cost  of  maintenance  and 
operation  and  the  greater  safety.  There  are  no  weeds  to  contend  with, 
no  breaks  to  mend,  and  consequently  the  cost  of  patrolling  is  largely 
eliminated.  It  must  also  be  remembered  that  a  higher  velocity  can 
be  given  to  the  water  in  a  concrete  lined  canal,  and  a  smaller  and  better 
form  of  canal  can  be  used,  which,  especially  on  a  sidehill,  will  material- 
ly decrease  the  cost  of  excavation.  But  even  when  only  the  value  of  the 
water  loss  is  considered,  it  does  not  require  a  large  loss  nor  a  very  high 
price  for  water  for  this  annual  value  to  represent  the  interest  and 
depreciation  on  a  capital  sufficient  to  put  in  a  first-class  concrete 
lining. 

LOSS  OF  WATER  BY  DEEP  PERCOLATION 

This  loss  is  largely  dependent  on  the  distance  the  water  is  run 
over  the  field  or  in  the  furrows,  and  on  the  volume  or  head  of  water 
used.  Porous  soils  underlaid  with  gravel  are  most  difficult  to  handle 
to  prevent  this  loss,  but  it  may  be  much  decreased,  if  not  entirely 


prevented,  by  proper  irrigation  practice  using  frequent  light  irriga- 
tions instead  of  heavy  irrigations.  The  extent  of  the  loss  is  illustrated 
by  the  following  examples: 

Experiments  carried  on  by  the  Irrigation  Investigations  of  the 
U.  S.  Department  of  Agriculture  in  a  Southern  California  citrus 
orchard,  irrigated  with  furrows  660  feet  long,  showed  that  at  the  upper 
end  of  the  furrows  the  water  had  percolated  down  to  a  depth  of  27 
feet,  while  for  the  lower  half  of  the  furrows  the  depth  of  percolation 
was  only  about  4  feet.*  Experiments  made  by  the  Irrigation  Investi- 
gations have,  according  to  Mr.  Tallman,  proved  conclusively  that  fully 
50  to  75  per  cent  of  the  water  applied  to  the  gravelly  soils  of  the  Upper 
Snake  Kiver  Valley  in  Idaho  is  lost  by  deep  percolation  beyond  the 
reach  of  plant  roots. 

The  U.  S.  Reclamation  Service  found  that  on  a  very  porus  gravelly 
soil  which  was  flooded  with  runs  515  feet  long,  the  depth  of  saturation 
was  6.5  feet  at  the  upper  end  and  2.5  feet  at  the  lower  end.  On  a  soil 
of  wind  blown  sand  and  ash  underlaid  with  coarse  sand,  flooded  with 
runs  1350  feet  long,  the  depth  of  saturation  at  the  upper  end  was  12.4 
and  at  the  lower  end  4.4.  In  each  case  the  same  degree  of  saturation 
at  the  lower  end  could  have  been  obtained  with  33  per  cent  less  water 
by  making  the  runs  one-quarter  of  the  lengths  given  in  each  case. 

To  decrease  the  loss  by  deep  percolation,  the  remedy  is  to  divide 
the  field  or  orchard  into  short  furrows  or  runs,  the  length  depending 
on  the  character  of  the  soil,  and  to  run  the  water  more  quickly  in  the 
furrows  or  over  the  fields  by  using  larger  heads,  especially  for  porous 
soils.  This  will  usually  require  the  practice  of  rotation,  at  least  for 
the  smaller  farms  or  orchards,  which  has  the  added  advantage  of 
decreasing  the  conveyance  losses  and  of  shortening  the  length  of  time 
involved  in  applying  the  water. 

The  benefits  derived  from  short  runs  and  comparatively  large  heads 
is  well  illustrated  by  the  following  example: 

The  irrigation  Investigations  in  Idaho  found  that  where  the  length 
of  run  was  2359  feet  it  required  an  average  depth  of  flooding  of  1.6 
feet  for  a  satisfactory  irrigation,  while  with  runs  of  237  feet  the  aver- 
age depth  of  water  for  a  thorough  irrigation  was  only  0.7  feet,  or  a 
saving  of  56  per  cent. 

It  is  probably  safe  to  assume  that  the  loss  due  to  deep  percolation 
will  average  no  less  than  25  per  cent  of  the  water  delivered  to  the 
farm. 

LOSS  BY  EVAPORATION  OF  SOIL  WATER 

This  loss  is  dependent  on  many  factors,  some  of  which,  such  as  the 
method  of  irrigation,  the  time  and  frequency  of  cultivation,  can  be 
controlled  by  a  skillful  irrigator.  The  extent  of  this  and  the  degree  to 
which  it  can  be  diminished  has  been  the  subject  of  extensive  experi- 
ments by  the  Irrigation  Investigations  of  the  U.  S.  Department  of 
Agriculture,  carried  on  by  the  use  of  tanks  at  a  number  of  stations  in 
the  arid  states. f     The  average  of  the  results  obtained  at  six  of  these 


*  U.  S.  Dept.  Agr.,  Office  Exp.  Sta.,  Bui.  203. 
t  U.  S.  Dept.  Agr.,  Office  of  Exp.  Stas.,  Bull.  248. 


6 

stations  show  that  for  soils  receiving  a  6-inch  depth  of  water  on  the 
surface  the  evaporation  loss  for  a  period  of  30  days  was  2.14  inches 
for  soils  not  cultivated  after  the  irrigation,  and  1.58  inches  for  soils 
cultivated  6  inches  deep  three  daj^s  after  the  irrigation.  Cultivation 
caused  a  saving  of  25  per  sent  of  the  loss. 

Where  the  crops  are  grown  in  furrows,  the  loss  by  evaporation  can 
be  further  diminished  by  using  deep  furrows,  which  do  not  wet  the 
surface  to  the  same  extent  as  shallow  furrows  or  surface  flooding, 
thus  permitting  cultivation  soon  after  the  irrigation.  The  average 
results  at  two  of  the  above  stations  show  that  for  soils  irrigated  with 
a  6-inch  depth  of  water  applied  by  surface  flooding  and  in  furrows  3, 
6  and  9  inches  deep,  followed  by  cultivation,  the  evaporation  loss  was 
1.25  inches  for  the  surface  flooded  soil,  0.99  inch  for  the  soil  irrigated 
with  3-inch  furrows,  and  0.72  inch  for  the  soil  irrigated  with  9-in. 
furrows. 

These  results  indicate  that  with  conditions  similar  to  those  where 
the  above  experiments  were  conducted,  the  evaporation  from  a  soil 
surface  flooded  will  probably  be  about  35  per  cent  of  the  water  ap- 
plied, when  no  cultivation  follows  the  irrigation ;  while  with  a  soil 
irrigated  with  furrows  9  inches  deep,  followed  by  cultivation,  the  loss 
will  be  about  12  per  cent  of  the  water  applied.  These  losses  were  for 
bare  soil;  the  effect  of  shading  by  plants  would  be  to  decrease  the 
soil  evaporation  and  perhaps  give  a  probable  loss  of  25  per  cent  for 
soils  planted  to  such  crops  as  do  not  permit  cultivation. 

LOSS  BY  SUEFACE  RUN-OFF 

This  loss  represents  a  waste,  the  extent  of  which  is  dependent  on 
the  skill  and  care  taken  in  the  preparation  of  the  land  for  irrigation 
and  in  the  application  of  the  water.  On  many  farms  this  loss  does 
not  exist,  but  it  is  frequently  not  prevented.  On  eight  of  the  projects 
of  the  U.  S.  Reclamation  Service,  in  the  Northern  division,  the  loss 
averaged  about  8  per  cent  of  the  water  applied.  On  the  Boise  Project 
the  run-off  from  nine  tracts  of  grain  and  alfalfa  ranged  from  4  to  18 
per  cent,  averaging  11  per  cent  of  the  water  applied. 

CONCLUSION 

These  losses  when  assembled  indicate  that  for  an  average  irriga- 
tion system  the  conveyance  loss  may  be  fully  40  per  cent  of  the  water 
diverted,  and  of  the  amount  delivered  25  per  cent  or  more  may  be  lost 
by  deep  percolation,  25  per  cent  may  be  lost  by  soil  evaporation,  and 
10  per  cent  lost  by  surface  run-off ;  the  total  of  these  losses  would  be 
76  per  cent  of  the  water  diverted. 

Where  the  value  of  the  water  will  justify  it,  concrete  linings  will 
decrease  the  conveyance  loss  to  about  5  per  cent  of  the  water  diverted ; 
the  deep  percolation  loss,  where  water  is  used  with  care,  could  be 
very  nearly  entirely  prevented,  and  would  probably  not  exceed  10  per 
cent  of  the  water  applied;  the  evaporation  loss,  where  the  crops  will 
permit  deep  furrow  irrigation  and  cultivation,  will  probably  not  ex- 
ceed 15  per  cent  of  the  water  applied ;  the  surface  run-off  loss  or  waste 
can  be  eliminated.  The  total  losses  for  these  conditions  will  be  about 
27  per  cent. 


To  sum  up  these  results  based  on  experiments  typical  and  repre- 
sentative of  irrigation  practice  in  the  West,  it  is  conservatively  esti- 
mated that  76  per  cent  of  the  water  supply  diverted  from  the  stream 
is  wasted  or  lost,  but  that  by  adopting  means  of  conservation  which 
have  been  used  successfully  in  irrigated  districts  where  water  is  valu- 
able the  waste  and  loss  may  be  so  decreased  that  the  water  supply  will 
serve  two  or  three  times  the  area  served  with  the  irrigation  methods 
now  prevailing  in  many  sections. 

The  extent  to  which  the  conservation  methods  above  outlined  will 
be  adopted  will  depend  largely  on  the  value  of  water.  Throughout 
the  arid  region  the  increasing  demand  for  water  and  the  greater  cost 
of  development  are  increasing  the  duty  of  water.  The  ill  effects  of 
low  duty  of  water  have  been  forcibly  brought  to  the  attention  of  the 
irrigator  by  the  waterlogging  and  damages  of  alkali  in  nearly  every 
irrigated  section,  and  have  increased  the  duty  at  least  on  those  lands 
which  are  affected  or  which  are  liable  to  be  affected,  as  indicated  by 
the  rise  of  the  water  table.  The  increase  in  duty  due  to  these  causes, 
as  well  as  to  the  fact  that  seepage  losses  are  smaller  with  an  old  canal 
system,  is  well  illustrated  by  the  experience  on  the  Sunnyside  system  in 
the  Yakima  Valley,  Washington,  and  the  Modesto  and  Turlock  dis- 
tricts in  California,  where  drainage  systems  have  been  found  neces- 
sary and  are  partly  constructed.  On  the  Sunnyside  canal  system  the 
gross  duty  increased  from  11.4  acre  feet  per  acre  when  6883  acres  were 
irrigated  in  1898,  to  4.57  acre  feet  per  acre  when  47,000  acres  were 
irrigated  in  1909.  On  the  Modesto  and  Turlock  systems  the  gross  duty 
in  1911  was  more  than  twice  as  high  as  in  1904,  but  the  volumes 
diverted  in  1911  were  still  sufficient  to  give  a  gross  duty  of  4.58  acre 
feet  per  acre  on  the  irrigated  lands  of  the  Modesto  and  Turlock 
systems. 

The  courts  can  do  much  toward  increasing  the  duty  of  water  by 
limiting  water  rights  to  a  beneficial  and  economical  use.  As  reflected 
in  the  early  cases,  our  Western  courts  believed  that  one  should  be 
allowed  the  amount  of  water  he  had  been  using,  but  this  is  not  the 
rule  today.  The  change  in  the  attitude  of  the  courts  is  very  well  shown 
by  the  following  quotation  from  the  Supreme  Court  of  Oregon  in  the 
case  of  Hough  V.  Porter  (98  Pac.  1102),  decided  January  5,  1909  : 

"In  some  instances  a  larger  amount  than  the  quantity  here  per- 
mitted was  originally  diverted;  but  merely  because  in  the  earlier  his- 
tory of  the  vicinity  large  quantities  were  diverted  and  applied,  not- 
withstanding the  ditches  first  constructed  were  of  sufficient  capacity 
to  carry  such  supply,  does  not  necessarily  indicate  that  such  was 
needed.  Again,  it  has  been  so  often  demonstrated  as  to  become  a 
matter  of  common  knowledge  that  lands  after  years  of  irrigation  do 
not  require  the  amount  which,  when  first  applied,  was  essential  to 
the  successful  growing  of  crops  thereon.  This  law  of  nature,  added  to 
the  improved  methods,  greatlv  reduced  the  quantity  now  required. 
See  United  States  vs.  Conrad  Invest.  Co.  (C.  C.)  (156  Fed.  123,  130). 
.  .  .  In  this  arid  country  such  manner  of  use  must  necessarily  be 
adopted  as  will  insure  the  greatest  duty  possible  for  the  quantity  avail- 
able.   Van  Camp.  vs.  Emery  (13  Idaho,  202.  89  Pac,  752)  ;  Anderson 


vs.  Bassman  (C.  C.)  (140  Fed.  14,  27).  The  wasteful  methods  so 
common  with  early  settlers  can,  under  the  light  most  favorable  to  their 
system  of  use,  be  deemed  only  a  privilege  permitted  merely  because  it 
could  be  exercised  without  substantial  injury  to  any  one ;  and  no  right 
to  such  methods  of  use  was  acquired  thereby. ' ' 

In  the  recent  case  of  Little  Walla  Walla  Irrigation  Union  vs. 
Finis  Irrigation  Company  (124,  Pac.  668),  decided  July  2,  1912,  the 
Supreme  Court  of  Oregon  again  refers  to  this  subject  and  states :  "It 
is  the  policy  of  the  law  that  the  best  methods  should  be  used  and  no 
person  allowed  more  water  than  is  necessary,  when  properly  applied, 
and  thus  a  larger  acreage  may  be  made  productive  by  its  extended 
application. ' ' 

In  this  last  case,  however,  the  Supreme  Court  of  Oregon  continues 
its  argument  to  show  that  old  water  users  in  effecting  a  saving  of  water 
cannot  be  compelled  to  adopt  other  methods  of  use  which  would  be  so 
expensive  as  to  absorb  all  the  profits,  and  concludes :  ' '  Here  the  users 
have  acquired  the  land  and  applied  the  water,  which  are  valuable  under 
present  conditions,  and  their  rights  therein  are  vested,  and  we  can 
require  them  only  to  use  the  water  economically  and  reduce  the 
quantity  to  a  minimum  by  reasonable  and  cheap  methods  according 
to  their  situation  and  condition." 

Another  illustration  of  the  present  tendency  of  the  courts  to  insist 
upon  a  higher  duty  is  the  recent  case  of  Doherty  vs.  Pratt  (124,  Pac. 
576)  decided  by  the  Supreme  Court  of  Nevada  June  21,  1912 : 

"The  rule  as  to  reasonable  and  economical  use  of  water  applies  as 
well  to  methods  of  diversion  as  it  does  to  the  application  of  the  water 
to  the  land  itself.  The  topography  of  the  county  and  the  character 
of  the  soil  through  which  water  is  conveyed  to  the  point  of  use  must, 
of  course,  be  taken  into  consideration  in  determining  the  amount  of 
water  to  which  an  appropriator  is  entitled,  but  an  appropriator  has 
no  right  to  run  water  into  a  swamp  and  cause  the  loss  of  two-thirds  of 
a  stream  simply  because  he  is  following  lines  of  least  resistance.  Such 
a  method  of  diversion  would  not  be  an  economical  use  of  the  water 
providing  another  reasonable  method,  under  all  the  circumstances, 
could  be  devised  to  avoid  such  loss,  even  though  it  occasioned  some 
additional  expense  to  the  appropriator.  It  is  as  much  the  province 
and  duty  of  the  trial  court  to  determine  whether  the  methods  adopted 
for  diversion  are  reasonable  and  economical  under  all  the  facts  of  the 
case  as  it  is  to  determine  the  amount  of  water  required  by  the  appro- 
priator at  the  place  of  use." 

Large  irrigation  projects  are  now  being  constructed  in  localities 
where  the  use  of  water  under  the  old  private  system  has  been  waste- 
ful, due  to  great  losses  in  transmission  and  lax  methods  of  application. 
The  new  enterprises  should  set  a  standard  of  economy  in  use  to  which, 
when  proved  practical,  the  old  system  must  ultimately  conform.  It 
is,  therefore,  imperative,  if  the  highest  duty  is  to  be  attained,  that 
the  new  enterprise  be  so  constructed  that  it  will  eliminate  transmission 
losses  as  far  as  practicable  under  the  conditions  existing  at  present, 
;md  that  it  should  be  so  operated  as  to  allow  only  the  most  effective 
i Methods  of  applying  water  to  the  land  under  cultivation. 


